U.S. Equal Employment Opportunity Commission
During the Commission meeting on Employer Use of Credit History as a Screening Tool, held on October 20, 2010, an alternative to credit reports was suggested for employers to use in making hiring decisions.
Rather than obtain credit history on an applicant, the suggestion was made for an employer to pose the following three questions to an applicant's prior employers as a standard reference check:
1) Did the employee perform adequately?
2) Did you have any concerns about the employee's integrity or reliability? and
3) Would you re-hire this employee?
The Commission is seeking public comment on whether employers who provide honest answers to these questions would be subjecting themselves to legal liability, and why or why not.
All comments will be made available to the Commissioners, the Office of General Counsel, and the Office of Legal Counsel, and will also be available for inspection in the EEOC Library. Comments should be submitted by December 3, 2010, and can be mailed to Commission Meeting, EEOC Executive Officer, 131 M Street, N.E., Washington, D.C.20507, or e-mailed to Commissionmeetingcomments@eeoc.gov.